Responding to the adjudicator, the MEPF submitted that in terms of section 34 of the fund rules any member of the local authority in whose service a member is, may apply to the committee for termination of such member's service owing to ill-health.
It said the application should be approved by the committee.
The MEPF submitted that the city had discharged Theron from service with medical onboarding before the committee or the board of trustees of the fund and the risk-benefit insurer of the fund could approve Theron's ill-health claim.
“The fund [MEPF] submitted that the employer's conduct disadvantaged the complainant [Theron] as the complainant remained uncovered for risk-benefits due to nonpayment of the contribution by the employer.”
It also submitted that it had engaged the city to address the negative effect imposed on members by exiting them before approval of the ill health claim.
During the investigation, the MEPF submitted that Theron had more than 10 years of pensionable service and therefore if the risk benefit was approved, her benefit would be paid in terms of section 33 of the rules of the fund.
This meant she was entitled to a one-third lump sum of her total benefit and monthly pension for life calculated on factors at age 60.
“The fund [MEPF] stated that it is willing to consider the complainant's [Theron] disability claim provided that the employer [City of Tshwane] settles the outstanding contributions including the interest up to date of payment of the outstanding contributions,” read the adjudicator's ruling.
The city only submitted fund claim documents, department termination documents, the outcome of the occupational health panel evaluation meeting and the complaint's personal doctor's report.
When determining if Theron was entitled to a disability benefit in terms of the rules of the MEPF, deputy pension fund adjudicator Naheem Essop wrote in his ruling that submissions indicate it was the employer who had terminated employment before the MEPF approved the ill-health benefit.
“It follows that the employer was aware of the consequences of terminating the employment of the complainant before the fund approved her risk benefit,” he said.
He wrote that Theron was not at the meeting between the fund and the city and she wouldn't know that she could only leave due to ill health after the fund had approved the risk cover.
He ordered the city to pay the MEPF the outstanding contributions due on behalf of Theron.
The city was also ordered to submit all outstanding contribution schedules. Should it fail, the MEPF should then reconstruct the complaint's contribution schedule based on the information already in its possession.
City of Tshwane spokesperson Lindela Mashigo disputed the adjudicator's ruling indicating the city does not agree with it.
“The city followed its procedures in terms of a collective agreement on the management of medically incapacitated employees. The city implemented resolutions of its own medical board in terms of the collective agreement,” said Mashigo.
TimesLIVE
Former City of Tshwane employee who was medically boarded struggling to obtain ill-health benefits
Image: Supplied
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A former City of Tshwane employee who was medically boarded believes the municipality didn't follow the right procedure when it terminated her employment, which affected her receiving her benefits.
Angelique Theron, who worked for the city for more than 17 years, has been struggling to obtain her disability benefit from the Municipal Employees Pension Fund (MEPF) since her employment was terminated.
In June this year, the Pension Funds Adjudicator (PFA) ruled that the municipality should pay the pension fund an outstanding contribution of R73,738.20 on Theron's behalf. This was the outcome of her complaint to the PFA after her benefits were not paid.
The order of the PFA paves the way for the MEPF to pay her benefits.
The 43-year-old mother of three, who was diagnosed with lupus (SLE), fibromyalgia, interstitial lung disease and tachycardia, said her life had been in shambles since she received her last salary in April last year.
“Tshwane knew the right procedure but they followed the wrong procedure, still leaving me without money. Now they have a certain amount that they need to pay to the pension fund — Tshwane is refusing to pay that money over.
“There have been calls and I have tried to get hold of the mayor [Cilliers Brink]. I am a single mother struggling with three children. I have nothing and I have to take out loans to keep a roof over our heads,” she said.
She added she had to move out of her apartment in Pretoria since she couldn't afford it any more. Theron worked for the city from August 2006 until April 2023 and was a registered member of the pension fund. In April 2023, her fund credit was R787,497.41.
She was medically boarded by the city in February 2023 and worked until April of that year. She told the adjudicator during the investigation that her last day was April 30 2023 and doctors' recommendations she be medically boarded were submitted to the MEPF and Tshwane Group Life.
“She stated that no decision had been made by June 2023, and as a result, she was forced to face financial difficulties. She also stated that her medical aid was cancelled even though it is much needed,” the ruling reads.
Theron told the adjudicator she did not voluntarily terminate her employment with the city but was medically boarded by a panel of doctors.
She further submitted that she was declared medically unfit for duty due to illness, and a lump sum from Group Life was paid to her in September last year.
“She expressed dissatisfaction that the ill health benefit had not been paid. The complainant stated that the MEPF administrator informed her that the employer failed to fulfil its responsibility.”
Responding to the adjudicator, the MEPF submitted that in terms of section 34 of the fund rules any member of the local authority in whose service a member is, may apply to the committee for termination of such member's service owing to ill-health.
It said the application should be approved by the committee.
The MEPF submitted that the city had discharged Theron from service with medical onboarding before the committee or the board of trustees of the fund and the risk-benefit insurer of the fund could approve Theron's ill-health claim.
“The fund [MEPF] submitted that the employer's conduct disadvantaged the complainant [Theron] as the complainant remained uncovered for risk-benefits due to nonpayment of the contribution by the employer.”
It also submitted that it had engaged the city to address the negative effect imposed on members by exiting them before approval of the ill health claim.
During the investigation, the MEPF submitted that Theron had more than 10 years of pensionable service and therefore if the risk benefit was approved, her benefit would be paid in terms of section 33 of the rules of the fund.
This meant she was entitled to a one-third lump sum of her total benefit and monthly pension for life calculated on factors at age 60.
“The fund [MEPF] stated that it is willing to consider the complainant's [Theron] disability claim provided that the employer [City of Tshwane] settles the outstanding contributions including the interest up to date of payment of the outstanding contributions,” read the adjudicator's ruling.
The city only submitted fund claim documents, department termination documents, the outcome of the occupational health panel evaluation meeting and the complaint's personal doctor's report.
When determining if Theron was entitled to a disability benefit in terms of the rules of the MEPF, deputy pension fund adjudicator Naheem Essop wrote in his ruling that submissions indicate it was the employer who had terminated employment before the MEPF approved the ill-health benefit.
“It follows that the employer was aware of the consequences of terminating the employment of the complainant before the fund approved her risk benefit,” he said.
He wrote that Theron was not at the meeting between the fund and the city and she wouldn't know that she could only leave due to ill health after the fund had approved the risk cover.
He ordered the city to pay the MEPF the outstanding contributions due on behalf of Theron.
The city was also ordered to submit all outstanding contribution schedules. Should it fail, the MEPF should then reconstruct the complaint's contribution schedule based on the information already in its possession.
City of Tshwane spokesperson Lindela Mashigo disputed the adjudicator's ruling indicating the city does not agree with it.
“The city followed its procedures in terms of a collective agreement on the management of medically incapacitated employees. The city implemented resolutions of its own medical board in terms of the collective agreement,” said Mashigo.
TimesLIVE
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